English Abstract
Abstract :
This research deals with the arbitration agreement in banking transactions in accordance with the provisions of Bahraini law, which has been studied in two parts, the first part has presented the essence of the arbitration in banking transactions, it explained the meaning of arbitration agreement in banking transactions, its most important characteristics, and distinguishes it from other similar alternative disputes resolution, in addition to the legal nature of the arbitration agreement in banking transactions with the attempt to present the most important jurisprudential ideas and judicial decisions relating. Besides, the thereto types of arbitration in banking transactions, particularly the compulsory arbitration imposed by the Bahraini legislator on the dealers of certain banking transactions which violates article 20(f) of the Bahraini Constitution, and contradicts with the nature of arbitration and its essence. The conclusion of the arbitration agreement in banking transactions in term of both objective and subjective conditions was also addressed, in addition to the effects of the arbitration agreement in banking transactions and the recent judicial opinions in several countries in this regard.
Part two covers the legal and judicial protection to the dealers with the banks in arbitration agreement in in many countries that have preceded us in arbitration in banking transactions, the legislative treatment of arbitration agreement in banking transactions between the weak party and the party with higher bargaining power such as banks was studied. Also, the judicial treatment of this agreement between the bank and the customers was addressed, where it was found that the views of the judiciary in many developed countries overruled the traditional formulas of respecting the will of the parties to the contract in order to protect the weaker party. For this reason the judiciary deleted many articles of the banking arbitration agreement in favor of those who deal with banks. This attitude has no reflection on the legislative and judicial situation in Bahrain.
